Gavin Howe
Massachusetts does not allow marriages to be formed by common law, meaning that simply living with a partner for a certain period does not create a legal marriage. However, Massachusetts does recognize common law marriages formed in other states as valid, and grants them the same rights and benefits as any other marriage in the state. This includes the need to get a divorce if the couple separates.
| Characteristics | Values |
|---|---|
| Common law marriage recognised | No |
| Common law marriage from other states recognised | Yes |
| Common law marriage requirements | No formalities, no license, no ceremony |
| Common law marriage in divorce cases | Yes |
| Common law marriage in inheritance cases | Yes |
| Common law marriage in probate cases | Yes |
| Common myth | Living together for 7 years constitutes common law marriage |
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What You'll Learn
Massachusetts does not recognise common-law marriage
Massachusetts Does Not Recognize Common-Law Marriage
Common-law marriage is not recognized in Massachusetts. The state's family law does not recognize marriage under common law, and couples residing in Massachusetts will not be considered spouses without an official marriage certificate.
However, Massachusetts does honor common-law marriages originating in other states. The Full Faith and Credit Clause of the United States Constitution requires Massachusetts to acknowledge common-law marriages from the eight states that allow them, treating these marriages as legally binding.
The criteria for a common-law marriage are that:
- The parties seriously intended to enter into the husband-wife relationship.
- The parties' conduct leads to a belief in the community that they are married.
Despite not recognizing common-law marriage, Massachusetts courts do consider premarital behavior in divorce cases. For example, the outcome of a divorce case may be impacted by whether the couple cohabited before marriage and for how long.
In summary, while Massachusetts does not allow its citizens to enter into a common-law marriage, it will recognize such marriages from other states as legally valid.
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Common-law marriages from other states are recognised
Although Massachusetts does not allow its citizens to become married through a common-law process, the state does recognize common-law marriages originating in other states. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires Massachusetts to honor the marriage laws of other states. This means that if a couple qualifies for common-law marriage status in another state before moving to Massachusetts, they will be recognized as spouses in Massachusetts.
However, it is important to note that Massachusetts judges may be unfamiliar with the legal standards and issues of proof involved in common-law marriage cases, which can present challenges for spouses seeking to prove their common-law marriage status. Additionally, Massachusetts does not recognize certain types of marriages, such as bigamy, incestuous relationships, minors, and polygamy, even if they are considered legal in the state where the marriage took place.
The recognition of common-law marriages from other states in Massachusetts is primarily relevant in divorce and inheritance cases. In divorce cases, common-law spouses may need to go through a formal divorce proceeding and divide their property through a court process. In inheritance cases, Massachusetts statutes dictate what happens in the absence of a will, and common-law spouses may have different rights and obligations than legal spouses.
It is worth noting that the extent to which common-law marriage rights are available varies from state to state. For example, in New Hampshire, common-law marriage is only recognized in the context of inheritance, while in Rhode Island, it is recognized by case law but not by statute. In several other states, common-law marriage rights are limited to those who met the legal test before a certain date.
In summary, while Massachusetts does not recognize common-law marriages formed within the state, it does recognize common-law marriages from other states due to the Full Faith and Credit Clause. This recognition is important in divorce and inheritance cases, but it is important to be aware of the specific requirements and limitations that may apply in each state.
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Divorce and inheritance cases involving common-law marriages
While common-law marriages are not recognized in Massachusetts, the state does honor common-law marriages originating in the eight states that allow them. This means that if you have a common-law marriage from another state, you may need to prove it in court, and Massachusetts will treat your marriage as legally binding.
Divorce cases involving common-law marriages in Massachusetts can be challenging due to the practical difficulties of providing evidence and witnesses from another state. The degree of difficulty likely increases the longer the parties reside in Massachusetts. These cases may also involve extending the "marital coverture period" by seeking to add a common-law marriage to a legal marriage, as the length of the marriage is often critical in divorce proceedings.
In terms of inheritance, Massachusetts law dictates the division of property during divorce proceedings. Inherited property can be a complex issue, as it may be subject to division by the court in specific situations. For example, if you commingle your inheritance with other assets, it may no longer be considered separate property, and you may not satisfy your burden of proof to classify the funds as inherited. On the other hand, if you keep the property separate, it should generally remain separate, and the person who received the inheritance can retain the funds in the event of a divorce.
In the context of common-law marriages, if one spouse dies without a will, the surviving spouse may be entitled to inherit their property. However, proving the existence of the common-law marriage may be necessary before any inheritance can be granted. It is important to consult a knowledgeable family law attorney to navigate the emotionally charged and legally complicated nature of these cases.
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Common-law marriage myths
Common-law marriage is not recognized in most states, including California. However, some states like Alabama (if created before 1 January 2017) and Florida (if created before 1 January 1986) do recognize common-law marriage. The Full Faith and Credit rule of the U.S. Constitution compels states to recognize marriages made valid under another state's laws.
In Massachusetts, common-law marriage is not recognized, except for marriages originating in other states. The Full Faith and Credit Clause of the U.S. Constitution requires Massachusetts to acknowledge common-law marriages that have happened in the eight states that allow them, and the state must treat these marriages like legally binding marriages.
- You are married if you say you are married: While a couple can consider themselves married, they must meet specific criteria to be considered married by common law. This includes living in a state where common-law marriage is recognized, acknowledging your partner as your spouse, filing joint tax returns, and acknowledging that you plan to marry.
- Common-law marriage occurs when you live together for seven years: You can live together for any duration, but unless you meet the specific criteria mentioned above, you won't be considered married by common law.
- Courts don't order support or property division for unmarried couples: In California, the court recognizes palimony (Marvin claim), which means that if an unmarried couple lives together for an extended period and splits up, one party may have a right to receive support and/or a right to certain property acquired during the relationship.
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The legal rights of unmarried couples
In Massachusetts, common-law marriage is not recognized. Simply living with a partner for a certain period does not create a legal marriage or entitle the couple to the same legal rights as married couples. However, Massachusetts does recognize common-law marriages originating in other states. This means that if a couple with a common-law marriage from another state moves to Massachusetts, they are entitled to the same rights and benefits as any other married couple in the state.
Unmarried couples in Massachusetts do not automatically inherit from each other under state law. If a couple chooses to remain unmarried, a well-crafted will is crucial to ensure their intentions regarding their possessions. When an unmarried couple separates, the division of property depends on ownership and any agreements made between the couple. The probate and family court will not divide the couple's assets.
Massachusetts law does allow for domestic partnerships, but these do not affect state law in important areas of property rights, custody, and inheritance. Not all cities and towns have domestic partnership ordinances.
For those seeking to marry in Massachusetts, there is a formal process that must be followed. Both partners must go together, in person, to any city or town clerk to fill out a marriage license application (also known as a Notice of Intention of Marriage) no more than 60 days before the wedding ceremony. The state also requires a formal marriage ceremony, which can be performed by several different groups of people.
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Frequently asked questions
No, Massachusetts does not recognize common-law marriage. Simply living with a partner for a certain period does not create a legal marriage.
Common-law marriage is a form of marriage that does not involve any state formalities, such as licenses or formal ceremonies. It is based on an agreement between two people to be recognized as spouses, living together, and holding themselves out to the community as married.
Yes, Massachusetts honors common-law marriages originating in other states. The Full Faith and Credit Clause of the US Constitution requires Massachusetts to acknowledge these marriages and treat them like legally binding marriages.
Common-law marriages from other states are generally entitled to the same rights and benefits as any other marriage in Massachusetts. This includes the process of divorce, inheritance, and medical decision-making.
Common-law spouses may face challenges in proving their marital status, especially if the marriage is not recognized in the state where it was established. It is recommended to consult with a knowledgeable family law and estate planning attorney to understand specific rights and protections.
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